All posts tagged "nicky hager"

Yesterday I went to a symposium on terrorism in NZ, organised by the Postgraduate Student Association of Victoria University. (Sadly, there was no drinking, and Lord knows I could have done with several by the end of the day). I believe recordings will be available on their website soon.

These are my notes from the four main speakers. Unless I use quotation marks everything is my paraphrase. There were more panel discussions at the end where I didn't take notes. These notes aren't complete but probably suffice to provide a flavour.

US thinking is influencing the SIS and our police. For example, in the US, animal rights campaigners and conservation/environment groups are being labelled as potential terrorists and seen as a serious threat by local authorities.

the influence is via training materials and protocol manuals provided by the FBI. Typically NZ Police are grateful for the use of the materials.

the SIS operates with little oversight except that provided by the few politicians empowered to deal with them directly. In general politicians aren't very interested, and when they are, they're scared of risk and of the word "security".

since 9/11 we've formed/funded a special anti-terror unit.

"they've sharpened their pencils, and they're sitting at their desks, and they have nothing to do." (SLJ: implication, so they're trying to justify their budget)

an example of the threats captured in transcript and presented in court -[SLJ: not passing this on] - is this a credible assassination threat? (SLJ: trust me, it was stupid)

protestors have been radicalised by their engagement with police over the last few years.

on what terrorism is, and why it's not here in NZ (a working definition, not what the TSA says):

not pulling out GE crops

not protest

not playing with guns in the bush (which isn't even illegal)

terrorism is random murder to create fear

can we see the arrested as murderers? No.

the TSA has a very wide definition of terrorism. (SLJ: this comes up later in the day in Kelsey's talk).

we have to see the police as wildly, blindly stupid. (SLJ: I think that is verbatim but I didn't note at the time).

security people are not like the rest of us; they see the US as their main point of reference

systemic factors lead to bad judgement on the part of police (SLJ: I have a blog post percolating about institutional structures overwhelming the best instincts of their members).

according to Hager's informants, the SIS have had Maori groups under surveillance since the 70s. 1984 Labour govt put a stop to this, the next National government restarted it. (SLJ: Implication was that it's still happening).

Moana Jackson

I never heard MJ in person before. A slow, deliberate, eloquent speaker. Very sombre.

greetings to all

can't/won't talk about anything sub judice

successful bail hearing is just another step

long struggle ahead

the state is treating Maori "qualitatively, quantitatively" differently from others

police have always been political in their relations with Maori

the raids in Ruatoki just the latest

there is a sequence in the process of colonisation: military force; then spiritual force (missionaries); then the police force

or: missionaries; lawyers; politicians to make new law; police to enforce the law.

the role of the police is to maintain colonising power

it is instructive to compare the TSA with the 1863 Suppression of Rebellion Act

"eerie symmetries"

rebel :: terrorist

pre-emptive law (ie applicable before actual crime is committed). The Crown decides when a threat is posed.

based on foreign law; the 1863 Act was draughted in the UK for use in Ireland, and was also used as a basis for similar laws in Canada.

the old Act made Maori resistance rebellion, whereas for Maori the state's sovereignty (founded from Westminster) is illegitimate

in 2002 he expressed the view that the intention of the TSA was to target Maori and this has been proved correct.

"recent acts are racist acts"

Ruatoki was locked down, but Wellington wasn't. Where were the roadblocks etc around Abel Smith St?

execution of the operation consistent with colonising motivation

look at the last three weeks in a longer context

some say "the system works": no, not when seen in a historical, racist context.

"the common law is not common to this land." Common law evolved over last 1000 years in Britain along with changes in church/state/political system.

historically when Europeans travel between countries they accept the jurisdiction of the country they visit...

... but when colonising they export their law with them and impose it on "primitive savages" (SLJ: "primitive savages" used several times with heavy sarcasm)

this is by way of preamble: how odd that the beneficiaries of the common law are so willing to break it.

commenting on affairs that are sub judice

public statements about terror camps and napalm

PM's statement

these jeopardise the possibility of a fair trial

calls to release evidence jeopardise the possibility of a fair trial

"disturbing activities" is a matter of interpretation

exercise for the audience:

raise your hand if you know of:

Nia Glassie

James Whakaruru

Kahui twins

(lots of raised hands)

raise your hand if you know of:

the Nelson twins

Timothy Maven (spp?)

Estelle Wilson

(hardly any raised hands)

Jackson and colleagues conducted study of media coverage of these child murders in the three weeks following death and of the subsequent trials

Maori kids were front page and frequent, Pakeha kids were inside and infrequent.

Media narrative is always that Maori are savages.

This is why MJ does not trust either the media or "Bill Bloggs in the street" who is informed by that media.

Don't ask what happened, wait for the trial. Premature release of evidence is not helpful.

In response to questions:

agrees with Hager that Maori groups are the target of surveillance. "It's a fact of life."

such groups are "anathema to the interests of the colonising state"

Organisers of protests against the foreshore and seabed act knew they were under surveillance

suspects that SIS briefing of PM led to "haters and wreckers" comment

opposition to the TSA needs to take Maori resistance into account if it is to be effective

MJ has no faith in the Law Commission review

betting is that new legislation will be worse

tino rangatiratanga will be equated with terrorism

go for repeal of the TSA, not reform.

replacement for TSA must not entrench opposition to tino rangatiratanga

(on the need for a new constitution)

needs to take into account Maori values in order to deliver "the harmony that this country needs"

Pakeha should consider constitutional change - ask what sort of constitution is relevant to the treaty (which is not a consitutional document) - ask how it could recognise Maori law as the first law of this land (SLJ: not sure what "first" means in this context)

Maori resistance will not go away - opposition to the state will not go away without constitutional change

compare Ruatoki with the removal of protestors from Bastion Point in 78

don't forget the innocents who have been hurt in these raids

(on being asked about civil liberties)

civil liberties is a Western term based on the primacy of individuals. Human rights would be better term, would like to look in terms of collective rights

key to protecting rights is new kawa based on/in the land

contrast the mythology of rights with the reality of state abuse.

David Small

Positively jocular compared to any of the other speakers. His presentation was entitled "demystifying terror". My notes are a lot thinner because this had a greater component of (quite entertaining) anecdote.

Some examples from that hotbed of terror, Christchurch:

bombs that turned out to be cover for a bank job elsewhere in the city

demand for new surveillance powers coincides with new technological capability

Anecdote: when Rainbow Warrior was sunk (note, last real terror attack in NZ; spooks were no help and police caught the perpetrators with normal police work)

DS was having dinner with Jean-Marie Tjibaou

JMT immediately said "it's the French secret service"

This didn't seem likely to anyone else, but JMT knew their MO

likewise, when DS hears about recent raids, he thinks it's a fitup, even before evidence, because it fits the police/SIS MO

Why the leap to this happy conclusion?

history of protest in NZ is peaceful ("much to the frustration of the SIS and police")

"they are always looking for evidence [of violent activity] and have never found it"

clandestine violence like terrorism requires community support - not the case in NZ

aside: police and SIS don't understand activists or how they think

example:

the APEC hoax bomb and the burglary of Choudry's house

where did that hoax bomb come from? whose interests where served? (long story here but DS put case that it was a fit-up)

raids in October were at an even earlier stage/lower level than the APEC bomb.

Jane Kelsey

Like MJ, looked pretty tired and drawn, sounded downbeat.

paid respects to MJ and Annette Sykes (colleagues on defence team)

the only positive to come out of this is that "the period of innocence is over" (SLJ: I think that's innocence about SIS/Police surveillance)

we are seeing attempts to normalise the state power accumulated over the last 10 years through the use of language

to understand our history is vital to understand what is happening today

"rebellion", "preservation of peace", "sedition", "treason"

1990s revision of SIS law took place during an alltime low of political activism

new powers started being added in the 1990s

the target was domestic dissent (SLJ: this contradicts what Small said)

new law gave powers that the court had found SIS didn't have (SLJ: reference to Choudry case)

1999 expanded domestic surveillance powers

look at new definition of terrorism:

ideology (like all political groups)

aims to compel government (like all political groups

includes infrastructure and economy (like sitting on the motorway in 1981)

there is "creep" in powers; each new bill brings new powers, doesn't roll back any.

tracking devices allow monitoring of movement as well as communications (but don't forget your cellphone can do both!)

SIS and TSA law are cross-fertilising

new offences of concealment, threatening, recklessness

new powers are not just to arrest but to monitor

theory: maybe new provisions are based on problems SIS and police have had with Operation Eight.

Note Solicitor-General's attitude: police were justified in using interception even though the evidence gathered was not sufficient.

Leaks: where are they coming from? Police or government. If you trust the government statements, only sources are police and PM's office.

Why did the PM make that odd statement

what are the implications of leaking?

who leaked to TV3

what rules are we playing by? evidently not the law...

media are acting in collaboration

Why aren't people telling their stories? Because "we are not in a benign environment."

As noted by Hager, new groups with new funding and new powers have been established for some time now. They need to justify their existence.

If you have a lot of intelligence operations going, it's easy to combine dodgy evidence to produce bizarre conspiracies.

Remember that transcripts don't convey intonation or context.

Who do we share this stuff with, what are implications for NZers? For example, JK does human rights work in the Phillipines. She now appears on a Filipino immigration list of people with Taliban and Alqaeda ties.

New legislation won't get final reading until Tuesday: still time to email/phone MPs etc.

submissions on legislation have been of increasingly limited value in recent years.

Final discussion

Just a few impressions here:

Some pretty distressing anecdotes from family of the accused re difficulties of reaching them in jail. ("My son wore the same clothes for eight days; had to buy a pen to fill out the form to make a call, leaving him without enough money for a phone card"). More on odd behaviour of computers, phones used by friends and family.

Jane Kelsey on treatment of bystanders at Ruatoki. Two weeks later, where are the counsellors promised for the kohanga reo kids?

JK again: there are businesses that are still without their PCs and records and hence on the verge of collapse. JK asked when they could have them back, since TSA charges wouldn't be laid: response was 2 or 3 months. Why? "Enquiries are continuing."

Sam Buchanan on the side of the police that respectable Pakeha don't see.

Peace Action group explaining their interest - why are they supporting people who may have committed violence? - because they have an interest in fair process and protecting rights, irrespective of guilt/innocence.